HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 03_1/12/2022Agenda Item #3.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Jan 12 2022
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
[MOW I
Discussion on Alternatives for EAC Review of Environmental Issues Potentially Created by Future
Development Proposals Submitted to the Village for Approval
SUMMARY: '04
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Alts. for EAC Review of Environmental Issues Memo 011222 (Merged)copy
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Agenda Item #3.
Village of Tequesta
Environmental Advisory
Committee
Memo
To: Environmental Advisory Committee Members
From: Thomas G. Bradford, Chair, EAC I-R
cc: NA
Date: January 5, 2022
Re: Alternatives for EAC Review of Environmental Issues Potentially Created by
Future Development Proposals Submitted to the Village for Approval
Overview
At the EAC meeting in December I was asked by the EAC to invite Jeremy Allen, Village
Manager, and Nilsa Zacarias, Director of Community Development, to the January meeting of
EAC to provide their input on the subject of this memo. I did so as requested, but as of this writing
I do not know whether or not they will be in attendance at our meeting on January 12.
Nevertheless, I will outline below the known and or discussed options for EAC review of
environmental issues associated with development proposals in Tequesta.
1) Make the EAC a standing committee, as opposed to an ad hoc committee, with specific
powers to, among other things, review all development proposals for environmental
impacts and mitigation related issues. In this regard, please see the attached Exhibit A
which is the City of Boca Raton code that created their Environmental Advisory Board.
Specifically, note the following from that code: "Sec. 2-176. - Purpose. The purpose of the
environmental advisory board shall be to provide constructive advice and counsel to city
departments and boards, and to the city council, with a broad outlook toward
environmental protection and conservation. The city council may by specific ordinance
delegate to the board the power to make final decisions on specific matters. " Also, one
1
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Agenda Item #3.
should note the section on powers and duties which pertain to advising the Boca Raton
Planning and Zoning Board and City Council. Lastly, the Boca Raton Environmental
Advisory Board has final decision -making authority on applications for approval of dune
management plans, with any appeals of their decisions to be heard by the city council.
2) The EAC can become a participant, or member of, the development review committee
(DRC). The Director of Community Development, Nilsa Zacarias, per Sec. 78-334 of the
VOT Code can designate the EAC as a consultant on all environmental matters in the
development review committee process or the Code can be changed to make reference to
Village ad hoc committees being able to consult in the DRC, if needed to effectuate EAC
involvement.
3) One member of the EAC can become a participant, or member of, the development review
committee (DRC). The Director of Community Development, Nilsa Zacarias, per Sec. 78-
334 of the VOT Code can designate an EAC member as a consultant on all environmental
matters in the development review committee process or the Code can be changed to make
reference to a member of the EAC being able to consult in the DRC process, if needed to
effectuate EAC involvement.
Other Considerations
The VOT DRC is subject to Florida's Sunshine Law per the Florida Attorney General Advisory
Legal Opinion -AGO 2005-06. Click this link to review this AGO opinion:
hqp://www.myfloridalegal.com/ago.nsf/Opinions/403B55D3563AC8EF85256FA3006B522D
This requires a level of formalization in the DRC process including notice of meetings, the taking
of minutes, and open meetings wherein the public may attend. This may actually facilitate EAC
participation in the DRC process since I suspect the VOT DRC needs to change how it conducts
DRC meetings, so why not add the EAC, or a member thereof, with the change to the new
processes and procedures?
To avoid problems or conflict, instead of relying on others to determine if a project has
environmental issues requiring the EAC, or members thereof to attend the DRC meetings, keep it
simple. Have our assigned members represented at all DRC meetings to decide for themselves if
the project has environmental issues that must be addressed. Even if environmental issues are
raised about a given project, such an issue should make it into the DRC staff report. However, one
must realize that there is no guarantee the Planning and Zoning Advisory Board or the Village
Council would take any action on any such environmental advisory opinions raised.
What shall guide the EAC or members thereof in the rendering of environmental advisory opinions
for the village decision makers? To me it's simple; the Code of Ordinances and the Comprehensive
Plan. The VOT Comprehensive Plan is actually superior to the Code of Ordinances in a number of
011
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Agenda Item #3.
respects. The good news is, as we have seen in our review of the Village Code and Comprehensive
Plan at EAC meetings, the Village Code has many helpful requirements one can look to for
guidance when reviewing development applications and the Comprehensive Plan has many goals,
objectives and policies that are directly related to environmental issues and overall betterment,
particularly in the Conservation and Coastal Management Elements of the Plan. The not so good
news is that there are also many instances of such goals, objectives and policies where the Village
has indicated that it will be doing something, but has not implemented such as of yet. Therefore,
it will be important for the EAC or any EAC designees to always check the Comprehensive Plan
to bring to the attention of the DRC that the Village has indicated that it will do such and such and
impress upon the DRC the need to uphold the sanctity of the Village Code and the Comprehensive
Plan.
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A"j"en' a em #3.
DIVISION 6. - ENVIRONMENTAL ADVISORY BOARD
Boca Raton, FL Code of Ordinances
EXHIBIT A
Footnotes:
--- (8) ---
Cross reference— Removal of members and filling of vacancy on boards created by ordinance, § 2-48 et seq.; code of
ethics for officers and employees, § 2-581 et seq.; development services department, § 2-386 et seq.; nuisances, ch. 10;
solid waste, ch. 14; unsafe buildings and structures, § 19-276 et seq.; marine structures, ch. 22; planning and development,
ch. 23; signs, ch. 24; vegetation, ch. 27; zoning, ch. 28.
Sec. 2-171. - Created; composition; terms of office.
An environmental advisory board is hereby created, consisting of 5 members, each of whom shall be
appointed by the city council for a term of 2 years. The regular term of a board member shall commence on
May 1 and shall expire on April 30 of the second year following appointment. Each member of the board
shall serve until the expiration of his term, or until a successor is appointed. The city council shall appoint
members for staggered terms.
(Code 1966, § 2-261)
Sec. 2-172. - Qualifications for membership.
Members of the environmental advisory board shall be appointed from the residents and electors of the
city who shall be knowledgeable concerning environmental problems and concerned with the need to effect
reasonable solutions thereto. Membership of the board may be composed of both laymen and professional
representatives from such related fields of study as are pertinent to the scope of environmental problems,
including the fields of law, biology, chemistry and engineering. No board members shall hold any other
public office, appointive or elective.
(Code 1966, § 2-262)
Sec. 2-173. - Vacancies.
Vacancies on the environmental advisory board shall be filled by appointment of the city council for the
unexpired term of the membership vacated pursuant to section 2-48 et seq.
(Code 1966, § 2-263)
Sec. 2-174. - Compensation.
The members of the environmental advisory board shall serve without compensation.
(Code 1966, § 2-264; Ord. No. 5102, § 2, 8-25-09)
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Boca Raton, FL Code of Ordinances
Sec. 2-175. - Organization; rules of procedure; quorum; records.
(1) An organizational meeting of the environmental advisory board shall be held on May 1 of each
year, or as soon thereafter as is practicable, for the purpose of electing officers for the ensuing
year. A chairman, vice-chairman and secretary shall be elected for terms of 1 year by the board
from its membership. The board shall adopt rules of procedure to govern the conduct of its
business and the holding of hearings. At least 1 regular meeting of the board shall be held each
month, and special meetings may be called by the chairman or by any 3 members of the board.
(2) Three members in attendance shall constitute a quorum.
(3) Minutes shall be kept of the proceedings at each meeting and shall record the official acts taken
by the board. Approved minutes of each meeting shall be filed with the city clerk within 30 days of
the date of the meeting. All meetings, records and files of the board shall be open and available to
the public.
(Code 1966, § 2-265)
Sec. 2-176. - Purpose.
The purpose of the environmental advisory board shall be to provide constructive advice and counsel to
city departments and boards, and to the city council, with a broad outlook toward environmental protection
and conservation. The city council may by specific ordinance delegate to the board the power to make final
decisions on specific matters.
(Code 1966, § 2-266; Ord. No. 4978, § 2, 5-8-07)
Sec. 2-177. - Powers and duties.
The powers and duties of the environmental advisory board shall include the following:
(a) Provide advice to the planning and zoning board and to the city council on the environmental
impact of proposed developments which contain environmentally sensitive lands, listed
species, or wetlands, including public works within the city's jurisdiction, and to recommend
ways in which adverse environmental impact might be minimized.
(b) Provide advice upon request to the planning and zoning board and to the city council
regarding proposed amendments to the comprehensive plan or elements or portions thereof,
proposed amendments to the zoning district regulations, and other matters as may be
requested.
(c) Study and make recommendations with regard to the reclamation and restoration of
degraded property.
(d) Study and advise the city council on public health problems resulting from environmental
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Agen a em #3.
pollution.
(e) Review existing and proposed city ordinances which affect the environment, and advise the
planning and zoning board and the city council regarding the need for modifications or
changes to such ordinances.
(f) Advise the city council regarding environmental and conservation elements of the
comprehensive plan.
(g) Establish and maintain liaison with other governmental bodies and private institutions
relating to the enhancement of environmental quality and maintain liaison with the general
public regarding all environmental matters.
(h) Study and advise the city council regarding energy and water conservation.
(i) Review and approve dune management plans for properties seaward of the coastal
construction control line that involve no structures or infrastructure.
(Code 1966, § 2-267; Ord. No. 4441, § 1, 5-11-99; Ord. No. 4978, § 3, 5-8-07)
Sec. 2-178. - Advisory capacity; exceptions.
(1) Except as set forth below the actions decisions and recommendations of the environmental
advisory board shall not be final or binding on the city council but shall be advisory only.
(2) The board shall have final decision -making authority on applications for approval of dune
management plans pursuant to section 28-1556, Code of Ordinances. In such instance, the
decision of the board shall be reduced to writing in the form of a resolution signed by the
chairman of the board and filed with the city clerk. Any party aggrieved by a decision of the
board shall, prior to seeking judicial review, file with the city clerk within 30 days from the
filing of the decision resolution a notice of appeal to the city council. Upon the filing of a
notice of appeal, the city council shall as soon as is practicable hold a public hearing upon the
matter and shall affirm, reverse, or affirm with modifications the decision of the board.
(Code 1966, § 2-268; Ord. No. 4978, § 4, 5-8-07)
Sec. 2-179. - Staff assistance.
The development services director shall advise and assist the environmental advisory board in all of its
deliberations. The city manager shall provide such staff and clerical assistance as the board may require in
the performance of its duties, subject to the availability of such staff and clerical assistance as approved by
the city council. The board may call upon any department or other agency of the city for information or
advice in the performance of its work. The board, upon the approval of the city council, may accept grants or
other monetary or physical assistance to aid it in its work.
(Code 1966, § 2-269; Ord. No. 4170, § 28, 9-27-94)
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Agenda Me #3.
Secs. 2-180-2-195. - Reserved.
Boca Raton, FL Code of Ordinances
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